Introduction%20to%20Criminal%20Law - PowerPoint PPT Presentation

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Introduction%20to%20Criminal%20Law

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Then one buys a ski mask that is to be worn during the robbery. ... only in a federal court Certain crimes such as illegal possession of drugs and bank robbery, ... – PowerPoint PPT presentation

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Title: Introduction%20to%20Criminal%20Law


1
Chapter 8
Introduction to Criminal Law
2
  1. A guilty state of mind means that the prohibited
    act was done intentionally, knowingly, or
    willingly.
  2. When lawyers discuss the requirement for a guilty
    mind it is called mens rea.

3
  • Mere carelessness is NOT considered a guilty
    state of mind
  • For Example, Meredith accidentally forgot to turn
    off the stove before leaving for work and the
    whole building caught fire because of it, she
    would not be guilty of arson, which is the
    intentional burning of a persons property

4
  • DIFFERENCES BETWEEN STATE OF MIND AND MOTIVE
  • State of mind refers to the level of awareness a
    person has when committing an act
  • State of mind was done intentionally thought
    to do it.

5
  • Motive is the persons reason for performing the
    act
  • Example Robin Hood stole from the rich to give
    to the poor
  • Motive to give to the poor

6
  1. Strict liability offenses these crimes do not
    require a guilty state of mind the act itself is
    criminal, regardless of the knowledge or intent
    of the person committing it.

7
  • Strict liability often applies to less serious
    offenses such as parking violations.
  • UNLESS a legislature declares in a law that it
    is a strict liability, the courts assume that a
    guilty intent is required

8
  1. Statutory rape having sex with an underage
    partner is a crime even if the perpetrator
    believes the person is not a minor.

9
General considerations
10
  • Elements of a crime every crime is defined by
    elements of the crime each of the elements must
    be proven at trial in order to convict the
    offender.
  • In addition to proving any required guilty mental
    state, the prosecutor must prove beyond a
    reasonable doubt that all the elements of the
    crime were committed

11
  1. Robbery is defined as the unlawful taking and
    carrying away of goods or money from someones
    person by force or intimidation.
  2. Burglary breaking and entering into a home with
    the intent to commit a felony.

12
  • THUS, if someone breaks into your house when you
    are not home and takes your property, the person
    cannot be convicted of robbery WHY?

13
  • How can a single act be both a crime and a civil
    wrong? YES
  • Clay purposely sets fire to Tamikas store
  • The state may file criminal charges against Clay
    for arson
  • Tamika may also bring a separate civil action
    (lawsuit) against Clay to recover the damages to
    her store

14
State and federal crimes
15
  • Criminal laws exist at both the state and federal
    levels
  • STATE CRIMES simple assault, disorderly conduct,
    drunk driving, and shoplifting, can be prosecuted
    only in a state court UNLESS THEY OCCUR ON
    FEDERAL PROPERTY, SUCH AS A NATIONAL PARK

16
  • Criminal laws exist at both the state and federal
    levels
  • FEDERAL CRIMES failure to pay federal taxes,
    mail fraud, espionage, and international
    smuggling, can be prosecuted only in a federal
    court
  • Certain crimes such as illegal possession of
    drugs and bank robbery, can violate both state
    and federal law and can be prosecuted in both
    state and federal courts

17
CLASSES OF CRIMES
18
CLASSES OF CRIMES
  • Crimes are classified as either felonies or
    misdemeanors.
  • Felony is any crime for which the potential
    penalty is imprisonment for more than one year
  • Misdemeanor is any crime for which the potential
    penalty is imprisonment for one year or less

19
Parties to crimes
20
  1. Principal person who commits the crime
  2. Accomplice is someone who helps the principal
    commit a crime an accomplice may be charged with
    the same crime as the principal.

21
  • Accessory before the fact a person who orders a
    crime or helps the principal commit the crime BUT
    who is not present during the crime for
    example, the mob leader who hires a professional
    killer.
  • The accessory before the fact can usually be
    charged with the same crime and receive the same
    punishment as the principal

22
  • Accessory after the fact is a person who,
    knowing a crime has been committed, helps the
    principal or an accomplice avoid capture or helps
    them escape.
  • This person is not charged with the original
    crime but may be charged with harboring a
    fugitive, aiding the escape, or obstructing
    justice.

23
  • Accessory after the fact has been made a separate
    crime by statute in many jurisdictions

24
CRIMES OF OMISSION
25
  • Omission is a failure to act and may be a crime
    if the person had a legal duty to act.
  • Guilty of a crime of omission whenhe or she
    fails to perform an act required by a criminal
    law, if he or she is physically able to perform
    the required act

26
PRELIMINARY CRIMES
27
  • Preliminary actions certain types of behavior
    take place before or in preparation for
    committing a crime
  • Examples solicitation, attempt, and conspiracy

28
  • Preliminary crimes are also called inchoate
    crimes- these crimes require proof of criminal
    intent but can be punished even if the harm
    intended never occurred

29
Preliminary Crimes
  1. SOLICITATION illegal for a person to ask,
    command, urge, or advise another person to commit
    a crime

30
  • ATTEMPT
  • In most states, an attempt to commit a crime is
    itself a crime.
  • To be guilty of an attempted crimethe accused
    must have both intended to commit a crime and
    take some substantial step toward committing
    the crime.

31
  • Example when a person intends to shoot and kill
    someone but misses or merely wounds the intended
    victim, the person is guilty of attempted murder

32
  • Conspiracy an agreement between two or more
    persons to commit a crime, coupled with an intent
    to commit the crime and (in most states) some
    action or conduct that furthers the agreement
  • PROBLEM sometimes the designation of conspiracy
    as a crime is sometimes criticized as a threat to
    freedom of speech and association

33
  1. In many states and under some federal laws, an
    overt act an act that is open to view is
    required for conviction on a conspiracy charge.

34
  • The overt act must occur after the agreement but
    does not have to be illegal
  • EXAMPLE several people agree to rob a bank.
    Then one buys a ski mask that is to be worn
    during the robbery. The requirement for an overt
    act has been met.

35
  • What happens if one member involved in the
    conspiracy decides not to go through with the
    planned crime?
  • In most states, the person who withdraws from the
    planned crime must also notify law enforcement
    before the crime takes place in order to avoid
    criminal liability

36
THE END
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